Terms of Service for US users
HI ROAD 5, LLC.TERMS OF SERVICE US Last Revised: June 16, 2017
THESE TERMS OF SERVICE APPLY TO THE USE OF THE ROADCASH MOBILE APPLICATION, THE WEBSITE LOCATED AT WWW.ROADCASH.COM AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “ROADCASH”) PROVIDED BY HI ROAD 5, LLC. (“HI ROAD 5, LLC,” “WE” OR “US”).
PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY USING ROADCASH, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE ROADCASH.
RoadCash Service and Features. RoadCash is a mobile service application that passively tracks miles driven so as to make it easier to log reimbursable medical appointment (medical mileage). RoadCash asks you to opt-in to certain features, like daily notifications and mileage summaries. If you decide you no longer want to access an opt-in feature, you may opt-out by contacting Hi Road 5 at firstname.lastname@example.org or via the settings menu in RoadCash.
License. Subject to the terms, conditions and limitations set forth in the Terms, Hi Road 5 grants you a nonexclusive, non-transferable and revocable license to use RoadCash on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Hi Road 5 that replace and/or supplement the original RoadCash, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make RoadCash available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense RoadCash; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of RoadCash, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in RoadCash. If you violate any of the restrictions set forth in the Terms, your use of RoadCash will immediately cease, and you will have infringed the copyright and other rights of Hi Road 5, which may subject you to prosecution and damages. Hi Road 5 reserves all rights not expressly granted to you in the Terms.
Service Codes. Service codes may allow you to receive a discount off RoadCash or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to RoadCash and cannot be combined with any other discounts, promotions or offers without Hi Road 5 express consent. Redemption of service codes is subject to Hi Road 5 approval and valid registration with RoadCash. Service codes are not transferable except with Hi Road 5 express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.
Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the RoadCash registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Hi Road 5, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to Hi Road 5. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via the RoadCash application.
RoadCash is intended solely for users who are 14 years of age or older. In addition, if you are under 18 years old, you may use RoadCash only with the approval of your parent or guardian.
Third-Party Sites and Services; Third-Party Materials. RoadCash may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). Hi Road 5 does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that Hi Road 5 terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from RoadCash.
Third-Party Interactions. Your use of RoadCash and your contact, interaction or dealings with any third-parties arising out of your use of RoadCash is solely at your own risk. You acknowledge and agree that Hi Road 5 is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of RoadCash.
User Content and Conduct. You are solely responsible for all content you upload to or use with RoadCash, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with RoadCash must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Hi Road 5 discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that RoadCash will not contain any content that is prohibited by such rules.
You agree not to upload to, transmit, distribute, store, create or otherwise publish through RoadCash any of the following:
User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on RoadCash.
You further agree that you are solely responsible for your conduct with respect to RoadCash, and you agree that you will not do any of the following in connection with RoadCash:
Use RoadCash for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Hi Road 5;
Modify, adapt or hack RoadCash;
Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect RoadCash; and
Infringe upon or violate the rights of Hi Road 5.
Hi Road 5 takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) RoadCash, nor is Hi Road 5 liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using RoadCash. Your use of RoadCash is at your own risk.
Although Hi Road 5 does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) RoadCash, Hi Road 5 reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on RoadCash at any time and for any reason without notice. Any use of RoadCash in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use RoadCash.
Except for any feedback you provide with respect to RoadCash or any of Hi Road 5 products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and Hi Road 5, you retain ownership of the user content you post or upload on (or otherwise make available via) RoadCash. However, if you post or upload user content on (or otherwise make available via) Road Cash, you grant Hi Road 5 and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable Hi Road 5 to operate RoadCash. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) RoadCash or you otherwise have the right to make available such user content via RoadCash and grant the rights granted in the Terms; and (ii) Hi Road 5 use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
You acknowledge and agree that by accepting the Terms or using RoadCash you affirmatively consent to Hi Road 5 collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to Hi Road 5 collection, use, disclosure and storage of your location information at any time by contacting email@example.com and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Hi Road 5 will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, RoadCash will resume the collection of location information.
Hi Road 5 takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
RoadCash is for your use and to collect your location information. You may not use RoadCash to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
Termination. The Terms are effective on the date that you first access or use RoadCash, or as otherwise set forth in an order with Hi Road 5, and continue for the length of your subscription period. You may terminate these Terms (a) if Hi Road 5 does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your RoadCash subscription as set forth above; or (c) as otherwise consented to in writing by Hi Road 5. Hi Road 5 may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of RoadCash and destroy or erase all copies of RoadCash in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of RoadCash after termination is unlicensed and is in violation of the copyright and other rights of Hi Road 5.
Disclaimers.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF TOADCASH IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROADCASH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HI ROAD 5 DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, ROADCASH, ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HI ROAD 5 KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. HI ROAD 5 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ROADCASH WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ROADCASH WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ROADCASH WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY HI ROAD 5 OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Indemnification. You agree, at your sole expense, to defend, indemnify and hold Hi Road 5, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Hi ROAD 5 BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO ROADCASH, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF HI ROAD 5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL HI ROAD 5 TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Copyright Complaints. Hi Road 5 takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hi Road 5 has adopted a policy of terminating, in appropriate circumstances and at Hi Road 5 sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe in good faith that any content on RoadCash infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices should be sent to our designated agent at:
Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Hi Road 5 may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Hi Road 5 electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Hi Road 5, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HI ROAD 5 AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HI ROAD 5.
You and Hi Road 5 agree to arbitrate any dispute arising from the Terms or relating to RoadCash, except that you and Hi Road 5 are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Hi Road 5 agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in New York, New York and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Hi Road 5 also agree that the state or federal courts in New York, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND HI ROAD 5 WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of RoadCash for use on the iPhone, iPod Touch or iPad:
Acknowledgement. You and Hi Road 5 acknowledge that the terms are solely between you and Hi Road 5, and Hi Road 5 is solely responsible for RoadCash and the content contained within RoadCash. You further acknowledge that the usage rules for RoadCash are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download RoadCash. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use RoadCash on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. Hi Road 5 is solely responsible for providing maintenance and support services with respect to RoadCash. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to RoadCash.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to RoadCash. In the event of any failure of RoadCash to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for RoadCash by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to RoadCash. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Hi Road 5. However, you understand and agree that in accordance with the Terms, Hi Road 5 has disclaimed all warranties of any kind with respect to RoadCash, and therefore, there are no warranties applicable to RoadCash, except those implied by law.
Product Claims. You and Hi Road 5 acknowledge and agree that as between Apple and Hi Road 5, Hi Road 5, not Apple, is responsible for addressing any of your claims or any third-party claims relating to RoadCash or your possession and/or use of RoadCash, including, but not limited to: (i) product liability claims; (ii) any claim that RoadCash fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and RoadCash acknowledge and agree that, in the event of any third-party claim that RoadCash or your possession and use of RoadCash infringes that third-party’s intellectual property rights, Hi Road 5, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to RoadCash should be directed to:
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.
For support contact firstname.lastname@example.org